Explore The NRA Universe Of Websites

APPEARS IN News

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

Tuesday, June 21, 2022

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

At present, federal law generally bars anyone who is convicted in any court for a domestic violence felony, or any felony for that matter, from possessing firearms. But federal law also imposes a lifetime firearm possession prohibition on those who have been convicted in any court of a “misdemeanor crime of domestic violence” (MCDV). Under the federal statute, in order for a misdemeanor conviction to trigger the firearm ban, the conduct must have been both “violent” and “domestic.”

First, to meet the violence” prong, the crime must have as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon.” This may seem straightforward, but the U.S. Supreme Court has effectively read the violence” component out of the definition of MCDV.

In U.S. v. Castleman (2014), the U.S. Supreme Court determined that a persons use of physical force need NOT be violent in order to trigger the firearm prohibition. Rather, such physical contact may consist of only the slightest offensive touching” necessary for common law battery. In fact, under the common law battery standard, merely touching a persons clothing, bag, or something they are holding in their hand in a completely non-violent manner could give rise to a lifetime firearm prohibition.

Second, to meet the domestic” component, the crime must have been committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.” These are categories that are readily understood.

This current lifetime firearm prohibition for a MCDV treats the Second Amendment as a second-class right. No other fundamental, enumerated Constitutional right is permanently lost for a misdemeanor conviction. There is good reason that rights are not extinguished for a lifetime based on misdemeanor convictions. In addition to the law viewing misdemeanor conduct less harshly than felony conduct, misdemeanor defendants are not always provided with the same level of exhaustive due process as those charged with felonies.

Proponents of the original MCDV firearm prohibition contended that the supposed unique nature of domestic violence” required a firearm prohibition for those convicted of misdemeanors. They claimed domestic crimes that should have been felonies were often reduced to misdemeanors because abused spouses and children were reluctant to cooperate with prosecutors due to financial and emotional dependence on the abuser or a shared responsibility for raising children.  Therefore, it was argued, the only way to keep firearms away from these should-be violent felons was to prohibit those convicted of a MCDV from possessing guns.

Here is where the so-called boyfriend loophole” comes in.

Having done away with the violence” requirement of the MCDV prohibitor through the courts, gun control activists now want to eliminate the domestic” component by expanding the categories of relations that give rise to a prohibiting domestic violence” conviction to include a dating relationship.”

Under the current federal prohibition, boyfriends” and other intimates are already covered if the relationship has an actual domestic” component (children in common, cohabitation, etc.). Therefore, the proposed prohibition expansion to “dating partners” targets relationships without this domestic” component and lacks the justifications involving emotional and financial attachment or interdependence that gave rise to the original MCDV prohibition.

Given the complexity of human relationships, the fluidity of modern dating culture, and Congresss express attempt to go beyond an actual domestic” context, it is reasonable to ask: What constitutes a dating relationship?” Good luck trying to find out.

No matter what Congress might put in statute, it will be up to anti-gun Attorney General Merrick Garland and the federal courts to flesh out the details. And Americans can be certain that the gun control lobby will be there every step of the way to ensure the definition is interpreted as broad as possible.

Imagine how the elimination of the domestic” component of MCDV definition would interplay with the elimination of the violence” component that has already taken place. Extending MCDV prohibition offenses to “dating partners,” a broad, vague term that involves none of the interdependence that purportedly justified the original prohibition, is a clear example gun control opponents’ attempts to vastly expand the list of Americans prohibited from possessing firearms.  

The idea that there are “loopholes” for domestic violence perpetrators are false. The legal and criminal justice systems have the necessary tools to prohibit dangerous individuals from possessing firearms – including prosecuting felonious level conduct as a felony.

Domestic violence crimes can and should be taken seriously under the law. The NRA supports that, just as we support empowering the abused to defend themselves and their families. We what do not support is exploiting real problems, like domestic violence, to opportunistically target civil rights, like the Second Amendment and constitutional due process.

IN THIS ARTICLE
Domestic Violence Lautenberg
TRENDING NOW
Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Thursday, October 10, 2024

Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Today, Governor Whitmer signed House Bill 5503. Originally a bill providing critical funding for Michigan schools, it was politicized with an amendment to create an anonymous tipline for the purpose of reporting the "unsafe" storage of firearms. The ...

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Kamala Harris Claims to Own a Glock, But Supported Handgun Bans for YOU!

News  

Monday, October 14, 2024

Kamala Harris Claims to Own a Glock, But Supported Handgun Bans for YOU!

In a lame attempt to run away from her radical anti-gun and anti-Second Amendment record, Democratic presidential nominee Kamala Harris has spent the last several weeks claiming that she is a gun owner.

New York: Gov. Kathy Hochul Continues Attack On Gun Owners

Thursday, October 10, 2024

New York: Gov. Kathy Hochul Continues Attack On Gun Owners

Anti-gun legislators in Albany offered more proof that their gun control schemes are about political theater rather than public safety. Today, Governor Hochul signed S.8479, months after this bill passed both chambers and just weeks away ...

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

News  

Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

True Colors: Kamala Chameleon and Her Gun Control Allies

News  

Monday, October 14, 2024

True Colors: Kamala Chameleon and Her Gun Control Allies

America’s voters don’t care for gun control. That much is obvious even to the Democrats’ presidential candidate, Kamala Harris.

President Donald J. Trump to Deliver Keynote Address At NRA’s Defend the 2nd Event in Savannah, GA

News  

Friday, October 4, 2024

President Donald J. Trump to Deliver Keynote Address At NRA’s Defend the 2nd Event in Savannah, GA

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will serve as the special guest keynote speaker at the NRA’s “Defend the 2nd” event in Savannah, GA, on Tuesday, October ...

Grassroots Spotlight: Youngsville Gun Club NC

Take Action  

Monday, October 14, 2024

Grassroots Spotlight: Youngsville Gun Club NC

Over the past several months, Youngsville Gun Club has partnered with your North Carolina NRA-ILA Grassroots Team and has been working tirelessly on Second Amendment activism ahead of the critically important upcoming elections.

Biden Executive Order has First Amendment Implications

News  

Tuesday, October 8, 2024

Biden Executive Order has First Amendment Implications

As NRA-ILA noted last week, President Joe Biden has signed an executive order creating a “task force” bent on “combatting emerging firearm threats,” that purports to target “machinegun conversion devices and unserialized, 3D-printed firearms.”

Rogues’ Gallery

News  

Tuesday, October 8, 2024

Rogues’ Gallery

Oh, dear. A high profile member of America’s most prominent gun control empire has been in the news lately, and for all the wrong reasons.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.